Introductory Concepts

Question 1

What is “real” property?

Answer 1

Fixed, typically immovable, property such as land or things built on the land
Source: Common Law

Question 2

What is a “fixture”?

Answer 2

A type of real property that is attached to the land or the structures on the land and is permanent/cannot be removed without causing damage to the property (example: wall to wall carpeting)

Question 3

What are “Correlative Rights”?

Answer 3

Each owner of real property gets their fair share of rights to the oil and gas deposits beneath their land

Question 4

How far above a property does the airspace generally become navigable/public?

Answer 4

500 Feet
(Drones are a currently difficult topic for lawmakers)

Question 5

What is “personal” property?

Answer 5

Movable property that is an asset, but not “Real Property”
Sometimes referred to as chattels or merchandise
Tends to depreciate over time
Harder to use personal property as collateral
Examples: Vehicles, Computers, Items, Non-permanent structures (out houses on wheels), Pets

Question 6

What case uses the 5th Amendment to hold that the Missouri Compromise takes property (slaves) without due process?

Answer 6

Dred Scott v. John F. Sanford

Question 7

What are some examples of “intangible” property?

Answer 7

Intellectual Property, business names, bitcoin

Question 8

What is “chose in action”?

Answer 8

A property right to something that can only be recovered through legal action (not physical)

Examples: Damages, Insurance Policy Rights, Rights under a Contract

Question 9

“Intellectual Property” gets its protections from?

Answer 9

The Constitution (Article 1, Section 8)
Copyright Act
Patent Act
Lanham Act (trademarks)

Question 10

When one’s own personal information is the subject of a violation, it is said to be a violation of? Is this a property matter or a torts matter?

Answer 10

The Right of Privacy
Torts Matter

Question 11

When your likeness is used for economic benefit, it can be said that your Right of _________ has been violated. Is this a property matter or a tort matter?

Answer 11

Publicity
Property Matter

Question 12

In Haelen Labs v. Topps:
Haelen Labs had signed deals with several athletes and sought an injunction to stop Topps from using the athlete’s images. The court, sided with Haelen recognizing what property right?

Answer 12

The Right of Publicity

Question 13

In Tennessee ex. rel.
The court found publicity is __________, meaning it can be left to someone else after death.

Answer 13

Descendible